Waiver and Release of Liability

Responsible Parties

By any measure, guided tours involve minimal risk. Even so, when you buy tickets and participate in our tours, you agree to this legal waiver and release of liability.

Plain English

Here’s our legal waiver and release of liability in plain English.

When you buy tickets and when you participate in a Gold Country Ghost Tour, you agree to the following:

• I am taking this tour voluntarily and I will follow instructions.

• I am in good health, and so are any minor children in my care who are taking this tour.

• I understand there are risks to walking and driving in public.

• I accept personal responsibility for anything that happens to me or my child during a tour. You break it, you buy it.

• If something bad happens to me or my child during the tour, it’s not the Gold Country Ghost Tour’s fault.

• If I get hurt or lose something, it’s not the Gold Country Ghost Tours fault.

• I release the Gold Country Ghost Tour from any claims or liability for damages.

• I will be responsible for my own medical expenses if I get sick or hurt during the tour.

• During my tour, I might be included in photos and videos. The Gold Country Ghost Tour may use those photos and videos to promote their business or in any other way they like, and they do not have to pay me.

• If I violate this agreement and try to sue anyone associated with the Gold Country Ghost Tour, I will be held responsible for their legal fees and expenses.

• If part of this waiver and liability release is deemed to be invalid or unenforceable, it doesn’t mean the whole agreement is invalid or unenforceable.

Legalese

Here is our legal waiver and release of liability in detailed legal terms. You should read it.

• AGREEMENT TO FOLLOW INSTRUCTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Gold Country Ghost Tours or the employees, representatives, or agents of Gold Country Ghost Tours. 

• Voluntary Participation. I understand and confirm that my participation in a Gold Country Ghost Tour is voluntary.  I have ensured those I have purchased tickets for also understand and are included in said waiver and release of liability.

• Statement of Good Health. I am in good health and suffer from no physical or mental condition that would make me susceptible to injury or disability while participating in a Gold Country Ghost Tour. The same holds true for any minor children in my care who are taking this tour.

• I agree to pay for all damages to the facilities of Bend Ghost Tours or other third parties caused by any negligent, reckless, or willful actions by me or my family. 

• Understanding Risks. I am aware of the risks, dangers, and hazards involved in my participation in a Gold Country Ghost Tour. I understand that Gold Country Ghost Tours take place in public places, under conditions that are beyond the control of the Gold Country Ghost Tour’s owners, operators, agents, and employees. Potential risks may include, but are not limited to, uneven walking surfaces, potholes, broken pavement, walkway debris, raised path edges, wet or slippery ground, steps, curbs, low lighting, narrow walkways, traffic movement, traffic accidents, street crossings, construction and diversions due to construction, insect bites, bird strikes, and pickpockets. I am also aware that a walking tour has certain additional dangers and risks, some of which include physical exertion for which I may not be prepared and weather conditions that may change suddenly and unexpectedly.

• Assuming Risks. I understand that personal injury, death, property damage, and property loss are all inherent risks when I go out in public. I assume all risks involved when I participate in a Gold Country Ghost Tour offered by Gold Country Ghost Tour, or when I bring a child on a Gold Country Ghost Tour. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in a Gold Country Ghost Tour.

• Release of Liability. I release the Gold Country Ghost Tour, its owners, operators, principals, agents, tour guides, affiliated entities, parent companies, subsidiaries, present and former employees, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”) from any and all claims, actions, damages, liabilities, losses, costs, and expenses for death, injury, loss or damage of property, in any way arising out of my participation in a Gold Country Ghost Tour, including, without limitation, any and all claims resulting from the negligence of the Released Entities.

• Indemnity Agreement. I indemnify and hold harmless the Released Entities from any charges of loss, liability, damage, or injury, by anyone claiming to be harmed as a result of my actions during a Gold Country Ghost Tour.

• Promotion Release. I agree to grant the Gold Country Ghost Tour, its owners, and its operators a perpetual, royalty-free license to use my photographic, video, or digital likeness, in whole or in part, taken during a tour, for any purpose, including but not limited to promotional, educational, and  training purposes.  I hereby grant to Gold Country Ghost Tours the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tour(s), in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Gold Country Ghost Tour has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Gold Country Ghost Tour is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works.

• Consent to Medical Treatment. I authorize the Gold Country Ghost Tour, operators, and agents to provide me with customary medical assistance, transportation, and emergency services as the result of an injury or medical emergency during a private Gold Country Ghost Tour. This consent does not impose a duty upon the Gold Country Ghost Tour to provide such assistance, transportation, or services. I will be responsible for my own expenses that result from illness, injuries, or accidents during or arising from the tour.

• If I violate this agreement and attempt to bring suit against any part of parties named herein, then I will be held responsible for their attorney’s fees as well as any costs incurred in their legal defense.

• If any portion of this Waiver is held to be invalid it is agreed that the balance of the Agreement will remain valid and enforceable. THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOUR(S), I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.